AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 20J

20J. Review of fortification removal notice

      (1) If a fortification removal notice relating to premises has been issued under section 20F, the owner of the premises may, within 7 days after the day on which the notice is given to the owner, apply to the magistrate who issued the fortification warning notice for a review of whether, having regard to the submissions, if any, made before the submission period elapsed and any other information that the Commissioner took into consideration, the Commissioner could have reasonably held the belief required by section 20F(2) when issuing the notice.

      (2) The Commissioner may identify as confidential any information provided to the magistrate for the purposes of the review if its disclosure might be prejudicial to law enforcement, and information so identified is for the magistrate's use only and must not be disclosed to any other person, whether or not a party to the proceedings, or publicly disclosed in any way.

      (3) An application for review under this section cannot be made if an application has previously been made by any person for the review of the same matter.

      (4) When the application for review is made, the period within which fortifications can be removed or modified in accordance with the fortification removal notice is extended to the seventh day after the day on which the application for review is finally disposed of by the magistrate.

      (5) The magistrate may decide whether or not the Commissioner could have reasonably held the belief required by section 20F(2) when issuing the notice.

      (6) If the magistrate decides that the Commissioner could not have reasonably held the belief required by section 20F(2) when issuing the notice, the notice ceases to have effect.



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